The Shot

VH1’s The Shot Spot Contest
OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER. Contest is open to legal residents residing in the continental United States (including the District of Columbia) who are 18 years of age and older at time of entry. Winners may be subject to proving eligibility, including verification of social security number and possessing a valid, government-issued photographic identification. If any winner cannot furnish verifiable and valid proof of age an alternate winner may be chosen from among all remaining Eligible Entries received, in MTV Networks’, a division of Viacom International, Inc., (“MTVN”) sole discretion. At time of entry and during the course of the Contest, all entrants must be in amateur standing and must not be under any other third party agreement or engaged by any other third party which might interfere with such entrant’s participation in this Contest. The Contest is not open to employees and their immediate families of MTVN, Viacom International Inc., and any other participating sponsors, their affiliated companies and subsidiaries as well as any person who has won an MTVN national contest or sweepstakes in the twelve (12)-month period preceding entry into this Contest. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All entries become the property of MTVN. By participating in this Contest, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by MTVN, and by the decisions of MTVN, which are final in all matters relating to the Contest; (b) to release and hold harmless MTVN and its agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Official Rules.

2. CONTEST PERIOD: VH1’s “The Shot Spot” Contest” (the "Contest") The Contest rules will be posted on www.theshotspot.com, a website owned by MTVN (the “Website”) starting at or around 10:00 AM (EST) November 11, 2007 and ending at 11:59 PM (EST) January 10, 2008 (the “Contest Period”). All entries must be received by MTVN by Noon EST January 10, 2008. Proof that you have uploaded an entry to enter does not constitute proof or evidence that we actually received it within the Contest Period.

3. TO ENTER: During the Contest Period, entrants can log on to the Website and upload an original, photo entry (the “Photo Entry”) into the corresponding contest categories (each a “Contest Category”) as listed on the Website. The acceptable uploading file format is: jpg.

Contest Categories Category Submission Period
Architecture 11/20/07-11/27/07
Sky 11/22/07-11/29/07
People 11/24/07-12/1/07
Still Life 11/26/07-12/3/07
Abstract 11/28/0712/5/07
Kids 11/30/07-12/7/07
Fashion 12/2/07-12/9/07
Emotions 12/4/07-12/11/07
Pets 12/6/07-12/13/07
Self Portrait 12/9/07-12/16/07
Black and White 12/10/07-12-17/07
Swimsuit 12/12/07-12/19/07
Underwater 12/14/07-12/21/07
Wedding 12/16/07-12/23/07
Weather 12/18/07-12/25/07
Sea Life 12/20/07-12/27/07
Disasters 12/22/07-12/29/07
Action 12/24/07-12/31/07
Wildlife 12/26/07-1/2/08
Landscape 12/28/07-1/4/08
Still Life (II) 12/30/07-1/6/08
Sports 1/1/08-1/8/08
Beauty 1/3/08-1/10/08

Any Photo Entry incorporating any licensed graphics, imagery, stills, artwork, third party material, or any copyrighted material shall not be accepted. Any Photo Entry incorporating any elements of already existing professional photography or artwork will not be accepted. All contents of the Photo Entry must be completely original to entrant and must not have been taken or composed in whole or in part from any other source other than entrant, and that such use authorized herein will not give rise to any claims of infringement, invasion of privacy or publicity or claims for any payment whatsoever including, but not limited to claims for re-use fees or residuals. Entrants must fill out all the required fields on the Contest entry page to be entered into the Contest including without limitation, electronically agreeing to the terms of use of the MTVN’s Privacy Policy, Terms of Use and User Content Submission Agreement User Content Submission Agreement. Incomplete or inaccurate entry forms are void. Entrants may enter as many Photo Entries into the Contest as they wish. A single entrant can be a winner in multiple Contest Categories. If similar Photo Entries are submitted by any entrant, for any of the Contest Categories, only the first Photo Entry submitted in such similar entries will be accepted and considered into the Contest Category. Entrants must electronically agree to the terms of use of the MTVN’s Privacy Policy, Terms of Use and User Content Submission Agreement User Content Submission Agreement for each Photo Entry submitted into the Contest. The Photo Entries submitted in accordance with these Official Rules shall be collectively known as the “Eligible Entries”. Submissions that are not the original work of the entrant or incomplete will not be accepted. Furthermore, submissions which do not adhere to the following programming guidelines will not be accepted:

1. Photo Entries containing content which endorses or condones illegal drug use or alcohol abuse is not allowed. Narcotic addiction and alcohol abuse should only be depicted as self-destructive, anti-social behavior. Content should not promote, glamorize or show as socially acceptable, the use of illegal drugs or the abuse of legal drugs.

1. Photo Entries containing explicit, graphic or excessive sexual activity is not allowed. When sexual themes are key to the meaning or intent of the Photo Entry they must be depicted with consistent regard for commonly accepted standards of taste and propriety.

1. Photo Entries containing derogatory characterizations of any ethnic, racial, sexual or religious groups.

1. Photo Entries containing gratuitous violence is unacceptable. Violence, if depicted, must be essential to the development of a theme, plot or concept of the entry. Violence may not be used to stimulate the audience or to invite imitation, nor may it be shown or offered as an acceptable solution to problem or conflict. Exceptional care must be taken in instances where women and children are victims of, or are threatened by, acts of violence.

1. Photo Entries containing any licensed graphics, imagery, stills, artwork, third party material, or any copyrighted material shall not be accepted. Any Photo Entry incorporating any elements of already existing professional photography or artwork will not be accepted

1. Photo Entries containing any celebrities, professional athletes, or public figures will not be accepted.

Entrants must, if and/or when requested by MTVN, submit release forms for each person, including each Friend(s that may appear in the Photo Entry. In submitting an entry into this Contest, each entrant agrees to, confirms and represents to MTVN that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that: (i) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property; (ii) may or is likely to create a risk of any other loss or damage to person, living things or property; (iii) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (iv) violates any of the terms or conditions of these Official Rules. MTVN is not obligated to use, publish, display or broadcast any materials submitted with an entry; provided however that each entrant acknowledges that MTVN will rely on such entrant’s agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry.
MTVN reserves the right to reject any Photo Entry that it deems, in its sole discretion, to violate any of the policies of MTVN’s “Standards and Practices Guidelines”. MTVN may modify or edit any Photo Entry or request entrants to do so, so that the Photo Entry meets such guidelines.

MTVN shall have the sole and exclusive right to exploit the Photo Entry, and to license others to do so, in its sole discretion, in whole or in part, in all media, now known or hereafter devised, throughout the world in perpetuity, with the right to use, alter and modify the Photo Entry in any manner that MTVN may determine. By submitting the Photo Entry, entrants warrant that the Photo Entry, and all elements contained therein, are original with entrant, or have been fully cleared by entrant and that neither the Photo Entry, nor MTVN’s uses thereof will infringe on any rights or trademarks of any person or entity. Entrants furthermore confirm that, to the best of their knowledge, any statements made in connection with the Photo Entry will be true and not violate or infringe on any third party’s rights of any person or any entity. Any casual or incidental appearance of product logos and/or trademarks in any Photo Entry shall not imply any endorsement on behalf of MTVN. Notwithstanding any contrary to the foregoing, MTVN acquires no title or ownership rights in or to any Photo Entry submitted in connection with this Contest and nothing in these Official Rules conveys to MTVN any ownership rights in any Photo Entry submitted. Entrants shall have no right of approval, no claim of compensation and no claim (including, without limitation, claims based on invasion of privacy, defamation or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, biographical information, or Photo Entry. The rights granted hereunder shall extend to MTVN and its affiliated companies with respect to all entrants, including those entrants who are not selected as the winners. MTVN is under no obligation to use any winning Photo Entry for any purpose.

MTVN and each of their respective affiliates, subsidiaries, respective directors, officers, employees and agents are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email on behalf of entrants, technical problems or traffic congestion on the Internet or at any Website, or any incomplete, lost, late, delayed, misdirected or garbled votes or failure to receive votes, or any human error which may occur in the processing of the entries in the Contest, or combination thereof, including injury or damage to entrants or to any other person’s computer related to or resulting from participating, uploading, or downloading materials in this Contest. If, for any reason, the Contest cannot be run as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of MTVN which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest (including, but not limited to, the online voting process), or for any reason MTVN deems it necessary, MTVN reserves the right at their sole discretion to cancel, terminate, modify or suspend the Contest. Should the Contest be terminated prior to the stated expiration date, notice will be posted on the Website www.theshotspot.com.

4. VOTING/WINNER SELECTION: Photo entries submitted in accordance with these Official Rules will be posted on the Website where VH1.com users will have the opportunity to vote for the Photo Entry of their preference in each of the Contest Categories. The top five Photo Entries in each of the Contest Categories that receives the most online votes from VH1.com users will be deemed finalists (each a “Finalist”). The total number of online votes submitted for each Finalist will be tabulated by MTVN. Photographer Russell James (from the VH1 show “The Shot”) and representatives from MTVN (collectively “the Judges”) will judge the Finalists in each of the Contest Categories and select one (1) winner from each of the Contest Categories (each a “Winner”). The winning Photo Entries will be posted on the Website. The Judges will judge the Finalists Photo Entries based on the Photo Entry that best demonstrates the elements of the Contest Category. The final determination of the Winners and the application of the MTVN Standard Practices and Guidelines shall be in the sole and the absolute discretion of Russell James and/or MTVN.

5. Winners and Finalist may be required to sign (in MTVN’s sole discretion) MTVN’s User Submission Content Agreement and other releases (as needed); entry into this Contest constitutes Winners and Finalists agreement to sign such releases. Noncompliance will result in disqualification any Winner or Finalist and an alternate Winner or Finalist may be selected from among all remaining Eligible Entries, in MTVN's sole discretion. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT MTVN'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF VH1’s “The Shot Spot” Contest.

6. (a) Past experience has confirmed that contests and other competitions generate substantially similar submissions or entries which closely resemble concepts and ideas that have been independently developed by MTVN before or after the Contest. Accordingly, entrants may subsequently see an MTVN presentation which seemingly incorporates an idea or concept or includes materials similar to that contained in their Submissions. Any similarity is purely coincidental and unavoidable in light of the volume of ideas which MTVN routinely considers in the course of its program development. Because of this possibility, entrants hereby agree to submit their Submissions under the following terms and conditions: (i) that MTVN may use any ideas, concepts, material, in whole or in part, contained in a Submission; (ii) that all materials submitted become the property of MTVN and will not be returned; (iii) that all materials submitted are free from any lien or claim by anyone, including, but not limited to any union, guild or performance rights society; (iv) Entrants have obtained all rights, permissions and licenses necessary to use the Submissions for any purpose; (v) that no Submission, or any part thereof, infringes any trademark or copyright or otherwise violates anyone’s right of privacy or publicity; (vi) by submitting an Photo Entry, entrants consent to MTVN exhibiting such entry in all media, now known or hereafter devised; and (vii) entrants indemnify and hold harmless Viacom International Inc., and MTVN, from any claims, suits, losses damages and expenses (including reasonable attorneys’ fees) that arise from any breach of the following conditions. All entrants agree to the foregoing and in addition agree to obtain, upon request of MTVN, any documentation and releases necessary to prove their unrestricted ownership in all materials contained in their Submission and their right to use such materials without limitation for any purpose. (b) Notwithstanding the foregoing, entrants agree that their Submission may be used by MTVN in whole or in part for any purpose whatsoever without any compensation.
7. All interpretations of the rules and decisions by MTVN are final. MTVN reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, VH1 RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY OF THE CONTROVERSY REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE CONTESTS. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
8. This Contest is sponsored by MTV Networks with an address at 1515 Broadway, New York, NY 10036.